REGINA v DAVIS [2004] NSWCCA 281

REGINA v DAVIS [2004] NSWCCA 281

The sentencing judge failed to take into account the effect of accumulation for the second offence, resulting in an inadvertent deviation from the statutory calculation for the non-parole period. The approach required by Pearce and Johnson was not applied, necessitating correction by the appeal court.

Jurisdiction
Australia
Judgment Date
12 August 2004
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentencing Review
Outcome
leave to appeal granted; appeal allowed in part
Legal Topics
['sentencing' 'non Parole Period' 'totality Principle' 'maliciously Inflicting Grievous Bodily Harm']
['criminal Law'] ['sentencing' 'non Parole Period' 'totality Principle' 'maliciously Inflicting Grievous Bodily Harm']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Sentencing Review

Legal Issues

  1. 1 ['Was the sentencing for the second offence consistent with the principles of totality and statutory non-parole calculation?' 'Should the error regarding accumulation and non-parole period be corrected?']

Ratio Decidendi

The sentencing judge failed to take into account the effect of accumulation for the second offence, resulting in an inadvertent deviation from the statutory calculation for the non-parole period. The approach required by Pearce and Johnson was not applied, necessitating correction by the appeal court.

Court Disposition

leave to appeal granted; appeal allowed in part

Orders

  • ['Leave to appeal granted.' 'In relation to the first offence, a non-parole period is imposed commencing on 3 September 2003 and expiring on 2 August 2006; the balance of the term to commence on 3 August 2006 and conclude on 2 April 2008; the head sentence is confirmed and will commence on 3 September 2003.' 'In...